London International Disputes Week 2026: Key Takeaways on Follow-On Claims in International Sport

It was a great to speak with Ashley Cukier (Fountain Court), Victoria Smart (Azets) and Benoit Pasquier (Charles Russell Speechlys) as part of London International Disputes Week 2026, in our session “The Next Frontier? Follow-On Claims and the Future of Loss of Chance Litigation in International Sports”, discussing the increasingly topical issue of follow-on litigation in the sports sector.

We first agreed on the topic way back in early March, since then the timeliness of the topic has become more apparent. Even in the short time since the webinar took place, the topic has returned to the headlines.

The Growing Importance of Follow-On Claims

All the developments that have arisen in those few months illustrate the central point that underpinned our conversation - decisions by courts and sports tribunals on sports regulatory matters are increasingly only part one of a series of disputes. That is a trend that looks set to continue and gather pace unless actively arrested.

Challenges to the legality of sports regulations in the courts are by no means a new phenomenon – it is more than 30 years since the decision in Bosman, which perhaps remains the paradigm of the genre. Equally, the sanctioning of athletes and teams for breaches of a sport’s rules and regulations is a longstanding and, of itself, largely uncontroversial practice. Yet there is clearly a greater focus on consequential claims in the present day.

What Is Driving the Increase?

In part, this is because of the expanded scope of regulation in some sports, which brings with it more instances from which further litigation can arise. Modern financial regulations in particular have been the source of a greater number of significant breaches than more traditional and longstanding regulations, with commensurately more frequent opportunities for a third party to be affected. The other main driver is the amount invested in the game, and the sums that stand to be earned – the financial value of on-field success in the sports with the biggest markets is now of a magnitude that justifies embarking on complex litigation and arbitration, as the recent Everton/Burnley decision demonstrates.

As we discussed in the session, this is not limited to disputes between teams, and certainly not to football, though it is the obvious bellwether for the trend. Regulatory decisions against clubs can affect its players, and vice versa. Individual athletes can lose sponsorship opportunities where they are wrongly beaten to prestigious prizes, even if they are later awarded retrospectively. There are many forms that follow-on litigation in sport might take, and we may only have scratched the surface thus far.  

A Trend Likely to Continue

These types of claims are often complicated, both legally and evidentially, and their value can be hard to predict – but pursued properly, they can be winnable and very substantial. It seems likely that there are more to come in the not-too-distant future – it is worth keeping your eye on that ball.

For those who were unable to attend the webinar and would like to watch it, please contact events@crsblaw.com to request a copy of the recording.